The Thicket at State Legislatures

Arizona Legislature Ends Session

By Jan Goehring

The Arizona Legislature adjourned sine die on Friday, June 27. With the end of the fiscal year looming and a possible partial state government shutdown at stake, the Legislature resolved a difficult budget. Facing a nearly $2 billion shortfall, the budget includes agency cuts, fund transfers, deferral of school construction and some borrowing.

In the last hours of the session, the Senate agreed to send the voters a referendum to amend the state constitution to define marriage as a union of one man and one woman. It had previously passed the House.

New laws will help improve Child Protective Services, allow photo enforcement on highways, change the high school exit exam, regulate mortgage loan originators, and strengthen DUI laws. 

The Case of the Missing 34 Pages

by Brian Weberg

U.S. House Speaker Nancy Pelosi admits she used some "uncustomarily crude" language last week when she found out the just-passed (1,768 page, $289 billion) farm bill had gone to the President with 34 pages missing. Described by most as a clerical error, the glitch quickly became political fodder for those opposed to the bill and an embarrassment for Congressional leadership.

President Bush had vetoed the measure in spite of the veto-proof majority that had passed it. Both chambers voted to override. Then the mistake came to light. The House decided to bring the entire bill up again and passed it again. The Senate will take it up again when they return from recess, but few believe the bill will pass the Senate again with a similar veto-proof majority. 

Somewhere deep in this story there is a human tale about the House enrollment clerk who inadvertently dropped one of the 15 titles out of the bill. We probably won't hear much about this part of the incident, but one expects that this clerk had a tough time last week.  The Speaker, congressional leaders and their political advisor's were all angry, wringing their hands and working the spin. And this clerk, having made a human error, was probably taking some serious heat for the mistake. 

I can't imagine there is anyone who works in a state legislature who has not been part of, witnessed, or suffered for a clerical error in the legislative process. They are rare, which is testimony to the skill of these professionals. But they do happen and it can be messy. People get angry and embarrassed, and there are a few who try to gain from the situation. But in the end, these problems are almost always worked out. Life goes on, the process survives, and people continue to do their best. This is all we can and should ask. 

The fact is legislatures and the democratic process depend on these clerks and the people who toil in the background through the enactment of 1,768 page bills or who work through the night struggling to keep everything in order in a flurry of legislation. It isn't easy work, but somehow those who do it...love it. I hope the clerk in the U.S. House is OK.  I hope he/she is hearing encouraging words this week, rather than reprimands.

 

Early April Adjournments in Alaska, Georgia, Idaho, Maryland

by Karl Kurtz and Bakur Kvaratskhelia

Catching up on our sine die series, four state legislatures "went dark" in the first few weeks of April.

• The Idaho Legislature adjourned its 87-day session on April 2. State revenue came in slower than expected, leading to the failure of new spending proposals, especially in the area of transportation.  Republican Governor Bruce Otter and the Republican majority in the legislature were often at odds.  Significant tax changes included an increase in the rebate that Idahoans receive for sales taxes on groceries and an increase in the exemption for business equipment taxes.
• The Georgia General Assembly completed its 40-day legislative session on April 4. Major legislation enacted included a bill that facilitates creation of charter schools, a measure to make it easier for permit holders to carry weapons in restaurants and other public places, and a plan to make it easier to build new water reservoirs in the drought-stricken state.  The House and Senate each had dueling tax cut measures and were unable to reach agreement on either of them.   
• The Maryland General Assembly wrapped up its 2008 session on April 8, with $500 million in budget cuts in a faltering state economy at the forefront. Gov. Martin O'Malley described the session as a "really grueling" period. In response to a computer industry outcry, the legislature repealed a computer services tax that it has passed in a special session last November.
• The Alaska Legislature adjourned its session--the first since voters mandated a 90 day limit compared to the previous 121 day limit--on April 13.  Majority Republican leaders hailed the session as a great success, while fellow Republican Governor Sarah Palin chastised the Legislature for spending too much money.  High oil prices and an oil tax increase enacted last year allowed the Legislature to put $5 billion into two rainy day funds this year.  Gov. Palin has called a special session for June to deal with an oil pipeline issue.

Photo credit: Sine die in the Georgia Senate by Andre in Georgia Politics Unfiltered.

Youth Lead Change in Washington Civic Education Curriculum

by Ted McConnell

This is a story about the power of youth, positively influenced, to lead us. It's a story about young folks empowered by effective civic learning to bring about positive change. It's a story about a youth-led effort to increase civic learning opportunities for all students.

Patti McMaster (photo) is a social studies teacher at Evergreen High School in Vancouver, Washington. Patti is one of those dedicated, talented teachers that make all of us want to redouble our efforts to help all teachers provide effective civic learning to their students.

Patti teaches several civics classes and uses several supplemental curricular programs. Late last year Patti was helping a group of her AP youth and government class prepare for their participation in the Center for Civic Education's "We the People: the Citizen and the Constitution" program. Several of the questions the students must address in the We the People program this year ask the students to compare the US Constitution to their state constitution. The students told Ms. McMaster that they could not complete that part of the exercise because they had never received any instruction in state government. Sure, they had all taken a mandated state history course a few years back, but they explained that that course dealt with Lewis and Clark, the fur trade and the missionaries who helped build Washington State--not a word about the state constitution, state government and how a citizen can and should engage in the affairs of their state.

Well, these inspired students decided to do something about that. What could this group of high school students living 120 miles away from the capital in Olympia do to improve instruction? Plenty! As a group they decided to work on increasing instruction on state government and civic affairs as a public policy project.

Four Regular Sessions and One Special Adjourn

by Karl Kurtz

The Virginia and Washington legislatures adjourned on Thursday last week, Indiana on Friday and South Dakota yesterday (Monday).  (Click on the map to see which states are in session and which are not.)  Here are links to session wrap-up stories:

• A budget dispute in the Virginia General Assembly caused the session to go five days over the scheduled adjournment date.  Plans are to come back for a special session to deal with unresolved transportation and capital outlay issues.  Here is a Richmond Times-Dispatch summary.
• "Legislative tally: 60 days, 335 bills" is the headline in The News-Tribune's summary of Washington's even-numbered year short session.
• Property tax reform dominated Indiana's legislative session this year, so much so that the Indianapolis Star refers to all the other legislation as "small stories."
• Here's a summary of the final day of South Dakota's session from the Argus-Leader.  As soon as there is an overall session summary available we will amend this post and add it.

In addition, the Louisiana Legislature adjourned its second special session called by new governor Bobby Jindal who "batted 1,000" on the business tax cuts and $1.1 billion in new spending that he wanted, according to The Times-Picayune.

California Ballot Measures Thwart Legislature on Term Limits, Support it on Tribal Gaming

by Jennie Bowser

Of the 24 states that held presidential primaries and caucuses yesterday, only California also had statewide measures on the ballot. California voters considered seven statewide ballot measures yesterday. Three were citizen initiatives on term limits, gas taxes and community colleges, and all three failed to pass. The remaining four were popular referenda on tribal gaming issues, and all four passed.

The most closely-watched measure in California was Proposition 93, an initiative proposing to modify California's legislative term limits. California was one of the first states to pass legislative term limits, and has some of the strictest limits in the nation. Legislators may serve up to six years in the Assembly and eight years in the Senate, then are barred for life from further legislative service. Prop. 93 would have decreased the total years a legislator could serve from 14 to 12, but removed the chamber-specific limits, allowing a legislator the option to serve all 12 years in a single chamber.

Despite an aggressive campaign from proponents and the endorsement of Governor Arnold Schwarzenegger, Prop. 93 was defeated by a margin of 53-47. This is a closer margin than we've seen with previous attempts to modify legislative term limits. A 2000 initiative in California received just 40% of the vote, and legislative proposals in Arkansas (2004), Maine (2007) and Montana (2004) all polled in the low 30s. States that may consider modifications to term limits in November 2008 include Arkansas and Michigan. For more information on legislative term limits, visit NCSL's term limits page.

The four questions on California's ballot that passed were popular referenda dealing with tribal gaming compacts. The legislature passed amendments to the compacts with four different tribes, allowing for additional slot machines and exempting certain projects from the California Environmental Quality Act. The popular referenda were placed on the ballot via a petition process in an attempt to block the legislature's amendments. The "yes" votes on all four popular referenda mean that voters approve of the legislature's amendments, and they will now take effect. Yes, it's confusing, but in this case, a "yes" vote means that the backers of the popular referenda failed in their attempt to overturn the legislature's tribal gaming compact amendments.

Two other citizen initiatives on California's presidential primary ballot also failed to pass yesterday. Prop. 91 would have earmarked certain gasoline tax revenues for the transportation fund, and required repayment from the general fund of all such revenues deposited since 2003. Prop. 92 would have altered the governance and funding for the state's community colleges.

REAL ID Without Real Debate

by Matt Sundeen

On January 11, the U.S. Department of Homeland Security released the long-awaited final regulations for implementing new federal standards for state-issued driver's licenses found in the infamous REAL ID Act of 2005.  Many of the negative reactions to REAL ID, both before and after the event, focused on the enormous cost burden for states and the perceived erosion of privacy caused by the new provisions.   Many people were also concerned about the lack of process when Congress adopted the bill in the first place.  And now, the rule-making process may exacerbate this process problem by not giving state legislatures enough time to deliberate on the issue.

Last summer, I spoke about the federal REAL ID Act before the New Mexico Legislature's interim transportation study committee.  After my 20 minute presentation, the next speaker, Jim Harper of the Cato Institute, began his remarks to the legislators by saying, "Congratulations.  You have now spent more time debating REAL ID than Congress did."

Jim wasn't joking, and he was right on point.  The REAL ID Act is a big deal.  It replaced 99 years worth of state driver's license work with new federal standards.  Such a major piece of legislation should have been carefully vetted through a legislative process that included public hearings, public debate and negotiation among members of Congress. 

Instead, REAL ID was attached as an amendment to a must-pass war spending and tsunami relief bill in 2005 and moved through Congress after no hearings and no public deliberation.  It terminated a federal "negotiated rulemaking" process, passed by Congress in 2004, that had brought together numerous state and federal stakeholders to develop the best strategy for securing driver's licenses.  REAL ID also effectively ended many state driver's license security improvement efforts as state legislators and motor vehicle administrators waited for final REAL ID regulations.

[Read about how the federal regs affect state legislative deliberation after the jump.]

In What Month is the Most Legislation Passed?

by Karl Kurtz

The number of bills enacted by state legislatures varies widely from state to state.  In 2007 legislative sessions, for example, Wisconsin, Alaska and Ohio passed less than 80 bills each, while Arkansas, Tennessee and Texas enacted more than 1,600 laws apiece.

I have often looked at this variation in enactments from state to state and year to year to see what explains it.   It turns out that this statistic is highly idiosyncratic to each state depending on constitutions, rules and traditions.  It depends on such things as whether a state has bill carryover from year to year (Wisconsin, which enacted only 44 bills in 2007 will probably pass more than 400 in the second year of the biennium in 2008), the strictness of rules regarding single subjects in bills, how resolutions (as opposed to bills) are treated, or whether the state is required to pass laws for individual local governments.

But never before have I looked at enactments month by month.  Thanks to some data recently acquired from State Net, we can now answer the trivia question, In what month is the most legislation enacted?  Without looking at the data, I would have guessed that that month would be April or May, since more states adjourn in those two months (10 each) than in any other month.

Looking at the chart to the left (click to expand) April does turn out to be the month with the largest number of enactments in 2006--the second year of a biennium, but in 2007 June, a month in which only four states adjourned, had the highest number of enactments.  Drilling down to individual state data in Download enactments_2007.xls, Texas and Oregon, two states that usually meet every other year and adjourn in June, account for a large portion of the June flood of legislation.  Texas passed 1,269 bills in June 2007, and Oregon approved 525.  Tennessee, Nevada and Maine also enacted large amounts of legislation that month.

Similarly detailed data for 2006 are available in Download enactments_2006.xls.  In the second year of a biennium (the even-numbered year), there are usually six fewer states (barring special sessions) in session, and many states have somewhat shorter sessions than in the odd-numbered years.  This results in fewer total enactments across the country (18,740 in 2006 compared to 24,240 in 2007), with April being the highwater mark, followed by June and May.

NCSL's Top 10 Issues in 2008: Immigration

by Meagan Dorsch

Our special podcast series of the top 10 issues facing state legislatures next year continues with a look at immigration policies. Ann Morse, director of NCSL's Immigration Policy Project, explains in today's podcast (3:26) why this issue has remained such an important one for the states.

States debated and approved a record number of bills on the subject last year, while Congress and the administration failed to reach any agreement. Morse summarizes the key areas state looked this year and what is expected for 2008.

Read our press release for the complete list of top 10 issues for 2008. You can also listen to our first podcast on state budgets. (7:06)

Massachusetts 2007 Sessions Ends before Thanksgiving, Begins Again in Seven Weeks

by Richard Cauchi and Christina Nelson

After 323 days, the Massachusetts General Court wrapped up formal sessions for 2007 the day before Thanksgiving.  The year was marked by transitions, realigned political forces, and growing concern about revenue shortfalls by next year.

The Democratic majority in both House and Senate (at 88 percent the largest in the nation) applauded loudly when Deval Patrick was sworn in as the first Democratic governor in 16 years (and the first black governor in the Bay State’s 387 year history).  But the media quickly played up the disagreements between the freshman governor and the seasoned legislative leadership.  The resignation of Senate President Travaglini in March resulted in the first-ever woman President: Senator Therese Murray.

Some local media complained that only 208 laws were approved this year,"
although statistics show that this is more than states such as WI, OH, PA, MI and NJ. 

The state's Fiscal Year 2008 budget was the most visible bill for the first six months. It moved fairly smoothly and was completed by the June 30th deadline.  The State House News Service (Sept. 17, 2007, not online ) quoted Senate Ways and Means Chair Steven Panagiotakos as saying that the governor signed off on roughly 98.5 percent of the Legislature's $26.8 billion FY 2008 state budget. This included over $1.8 billion to maintain the administration’s commitment to the Commonwealth’s historic health reform law. 

The small portion he vetoed proved contentious, as reported by Statehouse News. In the final week of session, the legislature returned to override vetoes and add $37 million of the $41 million in cuts back into the spending plan. Veto overrides often found Republicans and Democrats voting together, though Senate Republicans used their floor time to question the governor's adherence to campaign promises on cuts to fire safety, Department of Youth Services, and local tourism councils. Votes in the House went much more quickly. 

Real ID: Where Does the Issue Stand?

by Meagan Dorsch

In this edition of The Buzz, Jeremy Meadows with NCSL's state and federal relations division sits down for a one on one interview with Richard Barth, Assistant Secretary for Real ID Implementation, U.S. Department of Homeland Security.

Barth addressed legislators from all 50 states at NCSL's Fall Forum in Phoenix, Arizona. Barth took the opportunity to update lawmakers on the new rules of Real ID.  Barth said they will cut down on the cost for states to implement Real ID and give states more flexibility in creating the new forms of identification.

Barth also talks to Meadows about the role NCSL played in representing states as the Real ID rules were being drafted.

To listen to the podcast and hear the latest on Real ID, click here. (19:22).  For more information on Real ID, log onto NCSL.    

Lead with the Money

by Gene Rose

Forget "follow the money." The mantra, according to a couple of speakers at NCSL's Fall Froum last week, should be "lead with the money."

State legislators and staff know full well that the budget is where hundreds of policy decisions are made. Sometimes parts of budgets represent significant change, but most often the decisions made within state budgets fly under the radar of public scrutiny.

On Wednesday, medical author Marianne J. Legato, M.D., presented research information suggesting that -- despite significant research -- men die at all age groups at a higher rate than women do. While her comments caught the attention of this male, she said something at the end of her remarks that I found nearly as intriguing.

She suggested that if state legislators believe more research needs to be done in particular health areas, then they should create funding opportunities for scientists and researchers to do that type of research. They will, she said, "follow the money." In other words, if prostate cancer rates are becoming unacceptable, then states should create funds to attract research in that area. Through the budget process, "you have great power," she said.

On Thursday, U.S. Department of Transportation Secretary Mary Peters encouraged more public-private partnerships on transportation projects, noting that California Governor Arnold Schwarzenegger and Chicago Mayor Richard Daley made public statements recently that the private sector may do a better job on transportation projects than the public sector.

The presentations prompt several questions. Should legislatures take a more active role in generating funds that attract research (not just in health, but any public policy area)? Should more seed funds be created that prompt public-private partnerships to address critical areas (like transportation) that maybe have outgrown government capabilities? Or should these types of decisions be left to the agencies in charge of these activities?

One can easily argue that state budgets don't allow for the types of discretionary spending to "lead with the money." Others will say that this is not a proper role for state governments and that innovation and research should come from the private sector. There are plenty of small examples where states have directed money for economic development or offered tax incentives to encourage investment. Should these be considered for other public policy issues, too? What do you think?

New Hampshire Completes First Session Under Democratic Control Since 19th Century

by Heather Morton

With Democrats in the majority in both chambers and a Democratic governor for the first time since the 19th century, the New Hampshire General Court adjourned on June 27. House Speaker Terie Norelli and Senate President Sylvia Larsen took the leadership reins after Democrats took the majority in the House with a net gain of 78 seats and in the Senate with a pickup of four seats in November.

The General Court passed a $10.3 billion two-year state budget that sends $20 million into the state's rainy day fund and ends the biennium with a projected $7 million surplus. The budget adds $13.5 million to the state highway fund and $8.5 million to the welfare reserve fund.

New Hampshire joined several states in rejecting Real ID, finding that the federal act is "contrary and repugnant" to the New Hampshire and United States Constitutions. A bill that would have required adult drivers and passengers to wear seat belts failed in the Senate. New Hampshire continues to be the only state without a mandatory seat belt law for adults.

Complying with a court ruling issued by the state Supreme Court, the Legislature defined what constitutes an "adequate education." In the new definition, kindergarten will now be mandatory in all school districts.

After much debate, New Hampshire allowed gay and lesbian couples to form civil unions. A smoking ban in bars and restaurants will go into effect in three months. It raised New Hampshire's minimum wage in increments from the current $5.15 an hour to $6.50 on Sept. 1, and then to $7.25 next year. The governor vetoed a bill that would have changed how damages were divided up between defendants in civil lawsuits.

In a postscript to the legislative session, New Hampshire's Joint Legislative Facilities Committee yesterday approved a new pay and classification plan for legislative employees based on a study conducted by NCSL.

Heather Morton is NCSL's liaison with the New Hampshire General Court.

Nebraska Completes Legislative Session with Lots of New Members

by Janna Goodwin

On May 31, Nebraska senators ended the first session of the 100th Legislature. The 2007 session has been hailed as historic as term limits yielded 22 new senators (out of 49) to Nebraska's unicameral legislature. Newly elected Speaker Mike Flood remarked that despite some trepidation and anxiety over the experience lost at the close of the last session, most would agree that the new senators adapted quickly and contributed to the legislative process.

Senators enacted legislation that tackled tax relief, a reorganization of the state Department of Health and Human Services office and water and vegetation management. Other legislation addressed educational issues in the Omaha metro area, increased tax deductions for contributions to college savings plans and promoted renewable energy by encouraging wind energy and biodiesel development.

The approved tax cut plan included a chunk of property tax relief with an 8-cent per $100 valuation property tax credit. It also eliminated the income tax marriage penalty and ended the state’s estate tax. A Nebraska family of four that earns  $75,000 and owns a $200,000 home will save about $422 on income and property tax in the next year.

One major piece of legislation was passed, but then vetoed by the Governor. LB 658, would have allowed for creation of Class I school districts through what some believed was a complicated process. Nebraska public school districts are divided into five classes, mostly determined by population. Last year a referendum repealed a law that called for the assimilation of Class 1 districts, which primarily consisted of grades K-8, into the K-12 school systems. L.B. 658 established a reorganization process allowing for the creation of new Class I school districts. The governor said that the process set out in the bill to form and govern Class I districts was unfair. The veto means the state returns to an existing law that no longer shields Class I schools, and their buildings could be sold or demolished.

Janna Goodwin is one of NCSL's liaisons with the Nebraska Legislature.  Photo of Nebraska dome by Eric Oxendorf.

Special Session Required to Complete Montana State Budget

by Sara Vitaska

The Montana Legislature apportioned the state's $1 billion surplus, but it took Gov. Brian Schweitzer calling policymakers back to Helena for a special session to approve a state budget, tax cuts and a school funding plan. The 2007 session became the first regular Montana Legislature in history to adjourn without adopting a budget for the coming biennium.  According to the Missoulian newspaper, the 2007 Montana Legislature was the most contentious in years. 

The 90-day legislative session started and ended embroiled in partisan politics. The 2006 statehouse elections left Democrats with a narrow 26-24 lead over Republicans in the Senate, while Republications in the House had a 50-49 vote margin over Democrats, with one Constitution Party member who typically voted with Republicans. The Senate partisan composition had been tied until former a Republication legislator switched parties after the November election.

Education, human services, corrections, alternative energy, and tax relief for homeowners topped the 2007 biennium agenda. Several of the Governor's "Square Deal" initiatives came to fruition as the legislature passed $140 million for public schools over the next two years; $400 one-time property tax rebates for homeowners; a $100 million infusion into the state's prison system for new facilities and programs; and significant one-time contributions to the state retirement system.

According to a Lee Newspaper poll, Montana voters flunked the Legislature's job performance, while at the same time, strongly supported some of the session's major accomplishments. The poll found that 67 percent of voters gave the divided Legislature a negative job-approval grade. At the same time, 55 percent of voters said Gov. Schweitzer's $400-per-household property tax refund was sufficient. The poll also found that 63 percent of voters approved of the Legislature's spending almost three-fourths of the projected $1 billion surplus on public schools, prisons, human services, state colleges and construction. Twenty-six percent indicated more of the surplus should have been returned to the taxpayers. In addition, 53 percent approved of the decision to provide money to schools districts who wish to offer voluntary full-day kindergarten.

History was made this session when Missoula's Carol Williams was elected as the first female Senate majority leader in Montana history. During the special session, Republican leaders elected Rep. Dennis Himmelgerger to replace Rep. Mike Lange who was asked to resign as House majority leader following his disparaging remarks about the Governor and other Democrats during the regular session.

[Sara Vitaska is NCSL's liaison with the Montana Legislature.] 

Gas Pipeline, Crime Package, Ethics Highlight Alaska Session

by Bob Boerner

The 25th Alaska Legislature wrapped up its first session on time on May 16, having addressed a wide variety of important legislative priority issues.

The biggest item on the agenda was Governor Sarah Palin's AGIA - the Alaska Gas Line Inducement Act, which the Legislature passed substantially as the administration requested.   The AGIA sets out guidelines for companies wishing to compete for the right to build a gas line in the State of Alaska.

The Legislature passed an omnibus anti-crime bill, which tightens up on state laws relating to sexual offenders, incarcerated criminals, traffickers in prostitution, and other areas of the law, closing loopholes and protecting innocent victims.  And, it passed ethics legislation that addresses many of the critical issues of the legislative and administrative branches.

The Legislature was not able to reach agreement on several issues including education funding and the formula that distributes state funds to school districts and classrooms throughout the state; revenue sharing with local communities; and the funded liability accruing to the public employees' and teachers' retirement systems.

Perhaps the most newsworthy story in 2007 was the federal investigation into bribery and corruption in the Legislature.  The U.S. Department of Justice recently revealed VECO Corporation, an oil pipeline service and construction company, was offering state legislators bribes to influence decisions worth tens of billions of dollars.

Two top executives of VECO Corporation have pleaded guilty to federal bribery charges and three state lawmakers they are accused of bribing are awaiting trial. Other elected officials have yet to face charges, though the U.S. Department of Justice says they participated in the schemes. A fourth state legislator faces separate federal bribery allegations.

[Bob Boerner is NCSL's liaison to the Alaska Legislature.]

Minnesota Finishes on Time

by Meagan Dorsch

Minnesota’s 2007 legislature wrapped up in late May without having to go into special session.  It's "the first time since 1999 that the Legislature finished its work on time in a budget year," DFL (Democratic Farmer-Labor party) Representative David Bly posted on his blog.

However, Session Weekly, a nonpartisan publication by the Minnesota House of Representatives, called this session "a cliff-hanger until the end."

With one day to go, Republican Gov. Tim Pawlenty vetoed the entire tax bill put together by the DFL-controlled legislature.  He objected to the bill's requirement to build inflation into the budget forecast--which he says would put "government growth on autopilot."  His veto also cancelled several other major items, including property tax refunds, local aid increases and subsidies for the expansion of the Mall of America.

The omnibus tax bill veto was perhaps the most dramatic in a series of vetoes, including one that killed a proposal to provide property tax relief by increasing income taxes.  Vetoes also nipped at budget bills. 

In addition to finding a budget compromise, lawmakers enacted a renewable energy policy, aimed at combating global warming.  Not everyone was happy with laws restricting the use of ATV's throughout the state.

Other major bills passed included health insurance for children and $800 million dollars in K-12 school funding over the next two years. 

Delaware Session Ends with More Drama

by Matt Sundeen

When Delaware lawmakers wrapped up business late in the evening on June 30th, they fittingly added a few unexpected wrinkles to a session already characterized by intrigue and political bombshells.  As expected, there was some jockeying this year among next year's presumed gubernatorial candidates and other officials starting early election campaigns, but few could have predicted the surprises in Legislative Hall that continued right up until the final gavel.

In December, legislators provided a hint of things to come with hotly contested leadership votes in both the House and Senate.  House Speaker Terry Spence (R)—the second longest serving speaker in the country and the current President of the National Speaker's Conference—narrowly survived a vote to retain his seat in the Speaker's chair.  Many of his colleagues in Delaware's leadership were not so fortunate.  Senate Democrats elected a new majority leader and new majority whip and Senate Republicans elected a new minority leader.  In the House, only the minority whip position changed hands, but new chairs were appointed to several key committees.

The real shock came in February when House Majority Leader Wayne Smith, a 17-year veteran legislator, announced he was resigning his seat to become President of the Delaware Healthcare Association.  That decision touched off some hot politicking in the narrowly divided House.  Democrats eventually won a special election in April to fill Smith's seat and narrowed the margin to 22R-19D. 

Another drama that consumed the agenda through much of the session was the saga of Representative John Atkins.   Atkins, a young Republican legislator, was stopped by Maryland police in October, 2006 for suspected driving under intoxication.  During the incident, it was alleged that Atkins produced his legislative identification card to win special treatment.  Later in the evening, after Atkins had been allowed to drive himself home, Delaware police responded to a domestic violence call at Atkins' house.  In March, following several months of secret ethics committee hearings, closed-door caucus meetings, and threatened votes for censure or expulsion, Atkins finally resigned.  Republicans retained his seat in a special election in May, but only after some additional political drama that included an unofficial write-in campaign to put Atkins back in his vacant seat. 

Missouri Legislature Adjourns

by Julie Lays

The Missouri Legislature adjourned on May 30. It passed a budget 3.3 percent higher than the current year’s, which basically adjusts for inflation. It includes more money for schools, colleges and medical providers, along with raises for judges, some elected officials and state workers, according to the Joplin Globe. 

The budget includes a 5 percent increase in basic aid for K-12 schools. And spending for public colleges and universities will rise on average by more than 4 percent. The budget also provides a substantial increase in funding for Missouri’s main financial-need scholarships.

The budget contains $25 million to increase rates paid to doctors who treat patients on Medicaid. Incentive payments for ethanol and biodiesel producers are budgeted at nearly $42 million, a threefold increase over the current year's funding.

South Carolina Overturns Hundreds of Vetoes

by Julie Lays

The South Carolina Legislature adjourned for good this session on June 29, after reconvening to consider the governor's 243 budget vetoes. The legislature overturned 228 of them.

Governor Mark Sanford tried to cut $167 million from the state's $7.4 billion budget, but lawmakers wouldn't have it. They sustained only 15 of the governor's vetoes.

They restored more than $21 million to expand a program that provides health insurance to children from low-income families. The money will open the program to children whose family income is 200 percent of the poverty level. Currently, the cutoff is 150 percent of the poverty level.

But the Legislature sustained the governor's veto of a public school open enrollment bill.

Read more about the session at the South Carolina newspaper The State.

Record Budget Surplus in Louisiana

Continuing our sine die series summarizing legislative sessions around the country, Sheila McCant of the Louisiana House staff has done our job for us in  "2007 Regular Session Wrapup".   According to Sheila's post, the second session of Louisiana's biennium is largely confined to fiscal issues, "and the money issue came in many forms - a record surplus, breaking the spending cap, tax breaks, incentives, and pay raises for teachers, support workers, college faculty, judges, state employees, and others."

Rep. Tim Burns also posted a commentary on the session right before Sheila's summary in the House blog, In the Loop.  And the Times-Picayune has another summary, "Legislative term ends on recovery high note."

Kansas Enacted 202 New Laws This Session

by Julie Lays

The Kansas Legislature adjourned on May 22. On Sunday, July 1, 147 laws enacted by the Legislature took effect. An additional 47 laws took effect before then and an additional eight won't kick in until after that. That's a total of 202 new laws this year, compared with 216 last year and 177 in 2005.

According to an editorial in the Kansas City Star, "lawmakers set aside divisive issues, like banning embryonic stem-cell research, and showed a good bipartisan spirit on some big-ticket items."

The Star gave lawmakers kudos for setting aside money to help some low-income families buy health insurance. The newspaper also approved of the $210 million that will help universities and colleges with the "serious maintenance backlog on campuses."

New Documentary: Legislative Process Works

by Bill Wyatt

A new documentary by acclaimed filmmaker Frederick Wiseman has piqued the interest of many 'legislative junkies.'  One of them, Dr. Alan Rosenthal, a professor of public policy at Rutgers University, chimes in on the movie on NCSL's State Legislatures Magazine Online.

In a review of the three hour 37 minute documentary, Rosenthal says that the video shows that "representative democracy may not be entertaining but it works."  Rosenthal is struck by the diversity of issues that legislators must deal with and the attention that lawmakers give to their constituents.  At the same time, he wishes that Wiseman had shown more of the processes of negotiation and compromise that are necessary to resolve conflicting points of view on proposed legislation.

Read more at State Legislatures or come hear filmmaker Frederick Wiseman discuss his new endeavor at NCSL's 2007 Legislative Summit in Boston.

Maine Legislature Adjourns

by Ron Snell

Sine Die on June 21 in Maine saw Republicans and Democrats both congratulating themselves and each other for a successful budget process for the biennium, though their measures of success differed a little.  The Legislature passed its budget by more than a two-thirds majority in each house, which required a bipartisan effort.  D's (who control both chambers) praised increased spending for K-12 education, which increased the state's share in an effort to help local governments control property taxes.  R's took pride in avoiding the $136 million tax increase that Governor John Baldacci had called for at the beginning of session.

Maine Senate Democrats' summaries of the session are here and here; Senate Republicans here.

One nationally significant enactment was legislation to prohibit administration of the federal Real ID law in Maine.

Another significant success for the Legislature was approval of  $295 million in bond issues, of which voters strongly approved $131 million  for transportation and environmental purposes in June.  The remainder will go to voters later in the year.   Democrats took pleasure in the approval of the bond issues.  Republicans took credit for whittling it back from $2 billion in proposals to what they saw as an acceptable amount that prioritized investments in infrastructure.

Among the year's issues, the most controversial were the governor's proposal for a $1 a pack increase in the cigarette tax, which was defeated; his proposal for dramatic consolidation of school districts; and a legislative proposal for extensive state tax reform.  School district consolidation was approved in a weakened form, but, as part of the budget package, caused the Senate Republican Leader and other Senate and House Republicans to vote against the budget.  Tax reform, a session-long project would have shifted some of the tax burden from the income tax to a broader-based sales tax and thus to tourists.  Final agreement was impossible, but Governor Baldacci has announced his concern for tax reform and raised the possibility of a special session in the fall.

[Photo of Maine Capitol dome by Eric Oxendorf]